New Delhi, May 12 (FN Agency)
The Supreme Court in its order on Friday stayed the promotion of 68 judges in Gujarat District Courts, including the judge who convicted Rahul Gandhi in the criminal defamation case and sent them back to the original posts pending final orders. Supreme Court said the recommendations by the Gujarat High Court and subsequent state government notification are illegal and violative of the supreme court judgments. This Supreme Court’s order is a big setback for the Gujarat Govt, which earlier ordered and issued the notification of promotion in this regard. A two-judge bench of the Apex Court, headed by Justice M R Shah and also comprising Justice C T Ravikumar pronounced the order, on a petition challenging the recommendations for the promotion of the District Judges in Gujarat. “We are satisfied that orders issued by the state govt are violative of the Supreme Court judgments delivered. Since the state govt has taken a decision to promote the officers, we stay the implementation of the promotion list,” the Apex Court said, in its order.
It also clarified that the present stay order shall be confined to those whose names do not figure in the first 68 list. Those whose names appear in the first 68 list, will get the promotions. The Top Court said that the matter should be heard by a bench led by the Chief Justice of India. The plea is to be listed for the final hearing on August 8. The Supreme Court had on May 8 reserved its order on a petition challenging the recommendations for the promotion of the District Judges in Gujarat. As many as 68 judges have been promoted and transferred by the Gujarat state law department under the 65 percent quota system basis. As per this order, Surat CJM Judge H H Verma, who sentenced Rahul Gandhi in the defamation case, along with 5 other judges of different courts of Surat and district, were also transferred with promotion. Subsequently, two judicial officers — Ravikumar Mehta and Prataprai Mehta — have moved the Supreme Court and filed a petition challenging the Gujarat government’s order of granting promotion and transfer to these 68 judges on 65 percent quota system basis. The bench led by Justice Shah, in its last hearing, took serious exception to the conduct of the State Government and termed it as an ‘overreach of the Court’s process.’
The Apex Court had said this, after it was apprised of the promotion and transfer process. It directed the Secretary of the State Government to be present on the next date of hearing to explain the extraordinary urgency shown in the matter in giving promotion and issuing the notification on April 18, when the issue is pending before it. On April 13, when the Court had issued the notice, the file was pending before the State Government. Post the issuance of the notice, the State Government, on April 18, notified the promotions of District Judges. The two law officers have also challenged the promotion of Judge Verma in the Supreme Court and sought quashing of the order. The petition sought that the SC should pass appropriate directions and orders to the Gujarat High Court and stay the govt from issuing a new list, while keeping in mind the educational qualifications and seniority.